You might but there is no way to tell for sure without going over all the sales paperwork and any repair work papers too. Many dealers don't realize that when they sell a boat to a consumer they have to use "magic legal words" to avoid giving a warranty to the buyer from the dealer, even though they didn't build it. If the right words are not used in the sales contract then in most states the dealer automatically gives the buyer a four year warranty of what lawyers call "merchantability" and, if you aren't careful, maybe a warranty of fitness for use too. The implied warranty of merchantability arises automatically if the seller is a merchant who routinely sells that type of goods. An implied warranty of fitness for a particular purpose only arises when the seller has reason to know any particular purpose for which the buyer are buying the goods and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods. Merchantability means that the product is fit for the ordinary purposes for which such a product is used. That can be confusing and figuring out if either one of those, or some other warranty, is applicable to you, well, that’s why you should talk to a lawyer. The only way to know for sure what your legal rights are is for you to talk to a local Consumer Law attorney who deals with this kind of case (it's called contract law or sales fraud). You need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
Did a business treat you unfairly? See what your Udap rights are to protect yourself, click here
For a Free Online 50 State National List of Consumer Law Lawyers, click here
Click here to see what your state law says is unfair and deceptive and what your legal rights are
Learn the tricks of car sales fraud so you don’t get ripped off, Click Here
Read this free online Avvo Legal Guide, What is Fraud?
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you
New engines rarely "burn up." Further, you have a computer read-out which allegedly shows "operator error" - like a newbie running a brand new engine full-throttle, w/o sufficient lube, or something equally egregious.
However, the issue will turn on what the contract actually states, what you can prove and what TN provides for implied warranties.
In short, you won't know if you are liable unless and until you have an attorney review the facts.
The foregoing is for general information purposes and does not establish an attorney-client relationship.